Access Profiles, Inc.

As an employer, you know "Why" employment screening is so important to a quality hiring process and you should also "How" to choose the best background check company for you. 

Employers and Hiring managers often worry about running afoul of local, state, and federal employment laws. Even ever changing EEOC (Equal Employment Opportunity Commission) regulations cause angst.

While we addressed how finding the right screening company solves some of these issues in Part 2 of this series, that does not mean that is where it ends.

As an employer, you also need to take into account how these laws and regulations can impact your hiring policies and process.


Before even considering making a new hire, you should work in conjunction with your background check provider to make sure your hiring policies are compliant. Avoiding and eliminating anything that could be considered discriminatory is key.

Any references in your job descriptions, help wanted postings, or anywhere within your hiring policies to age, sex, race, religious affiliation, sexual orientation, or anything else considered a "protected class" are taboo.  



Your dedication to hiring fairly and in compliance is even more important when it comes time to use your background check to make your final hiring decision.

That is why it makes sense to use the information contained in that report wisely.

Do dates and title of employment mesh? Was the degree stated in their resume actually earned?

If you find that your applicant was honest about the information listed in their resume or application it can go a long way towards getting the employer / employee relationship off to the right start.

But it doesn't stop there.

The majority of employment screenings include criminal court record checks. And this is where you need to tread carefully. 

Only under specific circumstances, such as where an industry is prohibited by law from hiring an ex-offender, can you simply dismiss from consideration anyone with a criminal record.

Instead, if your applicant has a criminal past, you need to first ask yourself the following:

1. How recent was/were the conviction(s)? 
2. How is this record relevant to your open position?

Your answers to these questions will help determine your next steps.

You can find more details on these questions and about how you can safely use your employment background check results in "You Have Your Background Check Report, Now What?"!


This is where you need to understand your applicant's rights. If adverse information found in your candidate's background check report may prevent them from being hired, you must:

• Notify the applicant, in writing, of your determination and provide them a copy of the Background Check Report.
• Give the applicant the opportunity to correct the information in the Background Check Report or for them to offer information to mitigate the report’s findings.
• Determine whether any additional information you receive from the applicant will reverse your initial decision to exclude the applicant from hire or promotion.
• Notify the applicant of your final determination.

In addition, it is vital that you document this entire process! You need to keep detailed notes as to what decisions you made concerning the hiring of your applicant and when you made them. Good records will help protect your company in the event of litigation. You will find more information on safe hiring in "Tips to Help Your Business Fly Under the EEOC Radar".



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